Question 18785 — woods and forests

Summary

Mr. Paul-André Colombani questions the Minister of Territorial Cohesion and Relations with Local Authorities on the legal framework established by Law No. 2017-285 of March 6, 2017 for the regime of undelimited property. This law canceled the rule of unanimity for joint ownership, and instead provides for a simple majority for day-to-day management decisions and a two-thirds majority for disposition decisions. However, this law remains silent on the management methods of undemarcated property. Undelimited property is not subject to a legal definition. This absence of a legal framework for undemarcated properties is quite problematic in their management and in particular for the management of forests. Indeed, to give its approval to simple management plans, obligatory beyond 25 hectares, the regional center of the property Forestry requires, for management or disposal acts, the unanimity of all owners within the same plot. As a result, the need for unanimity can prevent forest exploitation by logging groups. Case law has established a legal framework for undelimited property. Indeed, in two of its judgments the Toulouse Court of Appeal considers that a plot of undemarcated property is constitutive of forced joint ownership and that this qualification is not incompatible with the notion of undelimited property. It also considers that the installation of a fence by one of the co-owners is not an abusive or illicit occupation of part of the property. However, case law does not allow us to deduce that the unanimous agreement of other owners is necessary for the management of their property under the undelimited property regime. HAS conversely, by bringing the regime of undelimited property closer to the regime of joint ownership, the court allows the application of new rules for the regime of undelimited property. He questions him on the advisability of defining a legal framework for the regime of undemarcated property in order to overcome the difficulties that this may pose, particularly in terms of logging.

Machine translation from French. The official text remains authoritative.

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